DA’s office dismisses murder case against Arlington police officer in shooting
The Tarrant County Criminal District Attorney’s Office has moved to dismiss the murder indictment it had sought from a grand jury against an Arlington police officer who fired six gunshots into the windshield of a vehicle moving about 5 miles per hour, killing its driver.
The office cited prosecutorial discretion as it filed a motion on May 14 to end the case. The officer, Robert Phillips, was accused of intentionally causing the death of Jesse Fischer, whom Phillips suspected of drunken driving, in October 2021.
Judge Andy Porter, who presides in Criminal District Court No. 4 in Tarrant County, ordered the dismissal of the indictment that was handed up in June 2022.
Phillips shot Fischer to death after a brief sport utility vehicle chase.
Phillips was among two officers who responded to a call reporting an SUV stopped in the middle of the road along Pioneer Parkway near Daniel Drive, Arlington police have said. One of the officers instructed the driver, Fischer, who was 40 and lived in Addison, to stay where he was. Fischer continued to drive.
Fischer was the only person in the SUV. He stopped briefly near the intersection of Daniel Drive and Arkansas Lane, where an officer told him he was under arrest for evading and directed him to turn off the vehicle, video released by police shows. Fischer drove away.
The officers pursued Fischer at low speeds until he entered Carla Court, a cul-de-sac near South Collins Street. The officers stopped at the mouth of the cul-de-sac when Fischer turned the SUV around. Phillips got out of his vehicle.
Whether Fischer next drove toward Phillips or was trying to drive around Phillips is in dispute.
Phillips fired upon the SUV.
The district attorney’s office on Tuesday said that the decision to dismiss the indictment was connected to the opinion of a use-of-force expert.
“Upon final thorough review of the case, and through final preparation for presentation of the facts at trial, we met with use of force expert Detective Heath Cook,” according to a district attorney’s office statement. “Detective Cook determined that Officer Phillips violated several department policies and showed poor judgment. However, Detective Cook, our expert, told us that he could see how a reasonable person in that position would feel it is immediately necessary to use deadly force to protect themselves.”
Cook is a former Arlington Police Department force and tactics instructor and is currently a sergeant at the University of Texas at Arlington Police Department.
Police Chief Al Jones fired Phillips on Oct. 22, 2021, two days after the shooting.
Jones concluded that Phillips violated department policy regarding the use of deadly force, including a rule that limits when officers may put themselves in the path of a moving vehicle and when they may shoot at a moving vehicle.
“The dismissal is perplexing in light of the indictment,” Fischer’s parents, Cyndi Fischer and Glenn Moro, said in a statement released on Tuesday by attorney Susan McClelland in response to a reporter’s inquiry.
Phillips currently holds a peace officer license in Texas. His current employment status is not clear.
Phillips’ retained defense attorneys, Bob Gill and Miles Brissette, did not respond to a question in a reporter’s email that asked about Phillips’ current employment. Brissette said Phillips is happy the event is behind him.
Arlington Police Association President Jesse Minton did not respond to a reporter’s questions.
Cyndi Fischer in October 2023 filed a lawsuit in U.S. District Court in which Phillips and the city of Arlington are defendants. The lawsuit alleges that Phillips violated her son’s constitutional right to be free from unreasonable seizures by way of excessive deadly force.
“At no point in time was Defendant Phillips in harm’s way, as Jesse was driving roughly five miles per hour, attempting to exit the cul-de-sac, was not driving at Defendant Phillips but instead was attempting to drive around Defendant Phillips, had not demonstrated any level of violence or danger throughout the slow speed pursuit, and made no sudden movements toward Defendant Phillips,” Cyndi Fischer’s attorneys, Scott Palmer, James Roberts and Breanta Boss, wrote in the lawsuit.
Judge Mark Pittman in November 2023 ordered the civil case stayed until the resolution of the indictment in the criminal case.
This story was originally published May 28, 2025 at 11:22 AM.
